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When Is a Personal Injury Considered Catastrophic In Maryland?

Catastrophic Injuries in Maryland

Personal injury law in Maryland provides remedies for people who have suffered catastrophic injuries due to the negligence of another person or entity. A catastrophic injury has severe, long-lasting, and often permanent effects on a person’s physical, mental, and emotional health.

If you have suffered a catastrophic injury, speak to an experienced Maryland personal injury lawyer who specializes in catastrophic injuries. Your attorney will review the damages that can be awarded,  how to prove negligence, the statute of limitations, and resources available to people with catastrophic injuries.

 

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Definition of a Catastrophic Injury in Maryland

In Maryland, a catastrophic injury is defined as an injury that results in permanent or long-term disability or disfigurement. This type of injury is considered to be one of the most serious  and often requires extensive treatment and long-term rehabilitation.

Maryland Catastrophic Injury LawyerCatastrophic injuries can include spinal cord injury, traumatic brain injury, amputation, severe burns, or organ damage. They can have devastating physical, emotional, and financial impacts on the individual and their family.

The severity of a catastrophic injury can be determined by a medical professional, who will assess the extent of the damage and its long-term effects. In some cases, the individual may be left permanently impaired or disabled. In other cases, the individual may suffer from reduced cognitive or physical functioning and may be unable to work or enjoy the activities they were once able to.

The costs associated with treating a catastrophic injury can be considerable and can include medical expenses, rehabilitation costs, lost wages, and more. In order to help cover these costs, the individual and their family may be eligible for compensation through legal means such as a personal injury lawsuit or insurance claims.

It is important to seek medical attention immediately following a catastrophic injury, and to consult with a qualified attorney to determine the best course of action. Catastrophic injuries can be life-altering, but with the right treatment, support, and legal assistance, individuals can start to rebuild their lives and move forward.

What are the types of damages you can receive for a catastrophic injury?

Damages resulting from a serious injury can be classified as catastrophic when certain criteria are met. In Maryland, a catastrophic injury is defined as an injury that results in severe physical and/or mental impairment and is permanent or long-term in nature. Such a condition is usually considered to be irreversible or, at the very least, will require an extended period of care, treatment, and/or rehabilitation.

The types of damages that can arise from a catastrophic injury in Maryland can include:

  • Medical bills, including hospitalizations, doctor’s visits, medications, and any other medical expenses related to the injury.
  • Lost wages, which may include income past, present, and future income that was lost due to the injury.
  • Pain and suffering, which is considered to be any physical pain, emotional distress, mental anguish, and loss of enjoyment of life that the injured party has experienced due to the injury.
  • Emotional distress can be a combination of mental anguish, anxiety, depression, or fear that has been caused by the injury.
  • Disability, which is when an individual is unable to perform certain activities due to the injury. This can include but is not limited to, walking, talking, eating, or performing any other daily activities that the individual was able to perform before the injury. In addition, some people may be unable to return to work due to the injury.

The amount of damages awarded to the injured party depends on the severity of the injury, the amount of medical expenses incurred, and any other factors that have been impacted by the injury. Damages can be awarded in a lump sum payment or through a structured settlement, which is a series of payments made over a period of time. In any case, the goal of the settlement is to help the injured party become financially independent and to help them recuperate from their injury.

Types of Catastrophic Injuries

Catastrophic injuries are severe and permanent physical or mental impairments that can have a long-lasting impact on a person’s life.

The three most common types of catastrophic injuries are spinal cord injuries, traumatic brain injuries, and amputations.

Spinal Cord Injuries

Spinal cord injuries in Maryland can be classified as catastrophic when permanent disability or disfigurement is experienced. These types of injuries can result in impaired motor function, sensation, and autonomic function.

The severity of the injury may range from minor temporary paralysis to complete paralysis of all four limbs. Depending on the extent of the injury, paralysis may be temporary or permanent. The most severe type of injury can result in permanent paralysis and sensory impairment below the level of the injury, which can lead to a complete loss of independence and the inability to perform activities of daily living.

Treatment for spinal cord injuries may include physical therapy, medications, and surgery. Additionally, individuals may require long-term care depending on the severity of the injury.

Traumatic Brain Injuries

Traumatic brain injuries can involve physical, cognitive, and emotional impairments that have a lasting impact on an individual’s life. These injuries are caused by external forces, such as a blow to the head, which results in a disruption of normal brain functions.

In Maryland, a TBI is considered catastrophic when the victims are left with severe, long-term medical impairments that have a significant impact on their ability to function. Victims may experience a range of physical, cognitive, and emotional symptoms, such as memory loss, difficulty with speech, and depression. In addition, victims may require ongoing medical care and treatment.

Catastrophic TBIs can have a lasting impact on a person’s quality of life, making it difficult or impossible for them to return to work or lead a normal life.

Amputations

Amputations are a type of injury that involves the removal of a limb or other part of the body due to damage or trauma. In Maryland, a personal injury may be considered catastrophic if it results in an amputation. Catastrophic injuries are those that cause severe, permanent disabilities and impairments that can have a significant impact on the quality of life of the injured individual.

Generally, amputations that occur as a result of a traumatic accident are considered catastrophic injuries in Maryland. These include amputations of the limbs, hands, feet, arms, fingers, and toes, as well as partial amputations.

Catastrophic amputations may also involve the loss of a limb or body part due to a medical condition or procedure, such as a tumor, infection, or vascular disease.

Proving Negligence in a Catastrophic Injury Case

When Is A Personal Injury Considered Catastrophic In Maryland?In order to prove negligence in a catastrophic injury case in Maryland, it is necessary to establish that the injury was directly caused by the defendant’s failure to use reasonable care. To do so, the plaintiff must prove the required elements of a negligence claim, including the duty of care owed by the defendant, the defendant’s breach of that duty, causation, and damages.

The plaintiff must demonstrate that the defendant had a legal duty to the plaintiff that was breached by the defendant’s failure to act as a reasonable person would have in similar circumstances.

The plaintiff must also prove that the breach of duty did, in fact, cause the injury. This requires demonstrating that the defendant’s negligence was the direct and proximate cause of the injury, which may be done using circumstantial evidence. If the defendant’s negligence is found to be the cause of the injury, the plaintiff must also demonstrate the extent of their damages in order to be compensated.

Damages in catastrophic injury cases may include physical and emotional pain, medical bills, lost wages, and other economic losses. Non-economic damages, such as pain and suffering, are also often awarded in cases of catastrophic injury. The amount of damages awarded in a catastrophic injury case depends on the severity of the injury and the resulting losses.

How Our Maryland Catastrophic Injury Lawyer Can Help

Catastrophic injury cases may be difficult to prove, but with the right legal representation, these cases can be won. The goal of a successful catastrophic injury case is to help the injured person recover the damages they deserve for the injury they have suffered.

If you suffered a catastrophic injury in Maryland, turn to the Maryland personal injury attorneys at Regan Zambri Long today to get the compensation you need. We are available to speak 24/7 and offer free consultations.

Schedule a Free Consultation

Have you or your loved one sustained injuries in Washington DC, Maryland or Virginia? Regan Zambri Long PLLC has the best lawyers in the country to analyze your case and answer the questions you may have.

Call 202-960-4596

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